NCJ Number
50780
Journal
Howard Journal of Penology and Crime Prevention Volume: 16 Issue: 2 Dated: (1977) Pages: 65-69
Date Published
1977
Length
5 pages
Annotation
RECOGNITION OF THE LEGAL RIGHTS OF PRISONERS TO THE SERVICES OF LAWYERS BY THE ROYAL COMMISSION ON LEGAL SERVICES IN ENGLAND IS DISCUSSED.
Abstract
NO PERSON IN THE COMMUNITY SHOULD BE DENIED ACCESS TO LEGAL SERVICES OR LAWYERS OR HAVE ACCESS OBSTRUCTED. PRISONERS ARE IN THE CARE OF THE STATE, AND THEIR DETENTION IS GOVERNED BY LAW. IT IS THE LAW THAT JUSTIFIES THEIR IMPRISONMENT AND THAT LIMITS POWERS OF PRISON AUTHORITIES. PROTECTION OF THE LAW IS OF PARAMOUNT IMPORTANCE AND, THEORETICALLY, PRISONERS SHOULD RECEIVE THAT PROTECTION. PRISON REGULATIONS IN ENGLAND REQUIRE A PRISONER TO OBTAIN LEAVE OF THE SECRETARY OF STATE BEFORE ENGAGING IN LEGAL BUSINESS. AMENDMENTS TO THESE RULES WERE INSTITUTED THAT PRECLUDE THE EXERCISE OF THE RIGHT TO CONTACT A LAWYER IN ANY CASE CONCERNING THE ADMINISTRATION OF ESTABLISHMENTS UNTIL AN INTERNAL INVESTIGATION COULD BE CONCLUDED. THE PURPOSE WAS TO SUBJECT THE INSTITUTING OF CIVIL PROCEEDINGS TO THE DIRECTIONS OF THE SECRETARY OF STATE. WHAT IS NEEDED IS A SYSTEM OF REGULAR VISITS BY LAWYERS TO PRISONS WHERE INFORMAL CLINICS CAN BE HELD TO ADVISE PRISONERS ON LEGAL PROBLEMS. ATTENDANCE BY LAWYERS IN SUCH CLINICS CAN HAVE IMPLICATIONS FOR PRISON DISCIPLINARY ADJUDICATION. PRISONERS SHOULD BE ABLE TO OBTAIN LEGAL ADVICE, ASSISTANCE, OR REPRESENTATION IN CIVIL OR CRIMINAL MATTERS, CONCERNING DOMESTIC OR PRISON ISSUES. PRISONERS SHOULD BE ABLE TO CONTACT LAWYERS FREELY, TO INSTITUTE PROCEEDINGS OR APPLY FOR LEGAL AID DIRECTLY, AND TO HAVE ACCESS TO LAWYERS CONVENIENTLY IN PRISONS ON A REGULAR BASIS. REFERENCES ARE INCLUDED. (DEP)